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Department of Premier and Cabinet

Burial and Cremation Act 2002

The Burial and Cremation Act 2002 (the Act) and Burial and Cremations Regulations 2015 (the Regulations) set out the legal framework for the management of cemeteries, crematoriums and prescribed businesses (i.e. businesses that handle human remains).

This legislation regulates:

  • how cemeteries and crematoriums are established and managed;
  • the sale, transfer and closure of cemeteries;
  • how human remains are handled, stored, or transported; and
  • public health and public safety standards for the funeral industry.

You can view and download the Burial and Cremation Act 2002 and the supporting Burial and Cremation Regulations 2015.

Cemeteries Regulator

The Regulator role is held by the Director of Local Government, who administers the Act and is responsible for:

  • receiving and assessing applications relating to the sale, transfer and closure of cemeteries;
  • compliance monitoring and enforcement of the Act; and
  • maintaining a register of all cemeteries, crematoriums and prescribed businesses.

Information on cemetery management and managing a crematorium or prescribed business is available below:

More information

For more information about cemetery management, crematoriums or prescribed businesses, contact the Local Government Division: